Emergency D.C. police chief position filled by DEA administrator, following appointment by Attorney General Pam Bondi
The Trump Administration's attempt to install a federal official as the emergency police commissioner of the Metropolitan Police Department (MPD) in Washington D.C. has been met with legal opposition. D.C. Attorney General Brian Schwalb filed a lawsuit challenging this move, arguing that it is unlawful and violates the Home Rule Act of 1973.
The Home Rule Act grants control of the MPD to the District's mayor and police chief, and it does not authorise the president or the attorney general to replace or assume operational control over the D.C. police chief or the police department. This authority is also time-limited to no more than 30 days without congressional approval.
Attorney General Pam Bondi, under the Trump administration, appointed DEA Administrator Terry Cole as an "emergency police commissioner" with full control over the MPD. This move was aimed at mitigating crime in the city, as Bondi stated on Fox News, but it was met with resistance from D.C. Attorney General Brian Schwalb and Mayor Muriel Bowser.
Bowser and Schwalb disputed that Bondi could name Cole as "emergency police commissioner." Schwalb wrote a two-page legal opinion stating that Bondi's order is unlawful and that Chief Pamela Smith is not legally obligated to follow it.
The lawsuit challenges both Trump's initial takeover order and Bondi's Thursday order naming Terry Cole as the emergency police commissioner. A federal district judge, Ana Reyes, blocked this attempt, stating that Bondi "likely violated federal law" and signaling that the administration lacked the authority to replace the police chief or take operational control of the MPD.
In the midst of this legal battle, Bowser met with Bondi on Tuesday to discuss the deployment of additional officers to drive down violent crime. D.C. Mayor Muriel Bowser said Smith was serving as "operations lead" in working with the federal government. President Donald Trump praised Smith's directive as a "great step" in his effort to "stop crime" in the city.
However, Chief Pamela Smith's order allowing local police conducting traffic stops to notify Immigration and Custom Enforcement agents about undocumented immigrants they encounter has raised concerns about potential civil liberties violations.
The deployment of the National Guard in the nation's capital is another measure taken to mitigate crime. The exact nature of the National Guard's role and the extent of their involvement in local law enforcement activities remain unclear.
In summary, the Trump Administration's attempt to federally install a police commissioner over D.C.'s police department without local consent or proper statutory authority appears to be unlawful under existing federal law and the Home Rule Act, as affirmed by court rulings. The legal battle continues as the fate of D.C.'s law enforcement remains uncertain.
- The Home Rule Act clearly states that the president or the attorney general cannot replace or assume operational control over the D.C. police chief or the police department, and any such attempt, like the one made by Attorney General Pam Bondi naming DEA Administrator Terry Cole as an "emergency police commissioner," is considered unlawful.
- The Trump Administration's policy of deploying the National Guard in the nation's capital to mitigate crime, while aimed at reducing violence, raises questions about the boundaries of federal involvement in local law enforcement and the potential infringement on civil liberties.
